Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Section 302 rlw 149-Murder-Unlawful assembly-Common object-Section 149-Applicability of-Constructive liability sine qua non- Emphasis on common object and not common intention-Common object when formed. Section 149 and Section 34--Common object and Common intention- Distinction between-Discussed. |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Penal Code, 1860 : Section 302 r/w 149-Murder-Unlawful assembly-Common object-Eight accused arriving together in a jeep and surrounding deceased-Jeep kept in starting position-One accused inflicting several blows with knife on abdomen of deceased-Other seven, i.e. appellants assaulting him with hockey sticks, iron rods and pipes-Persons trying to intervene, threatened with dire consequences-Accused fleeing after the incident in the same jeep-Conviction of appellants under S. 302 r/w S. 149-Justification-Held, Courts below justified in applying S.149 to the case of appellants and convicting them-When several persons armed with weapons assault a victim, all of them may not take part in the actual assault-Hence, it is not necessary to establish specific overt act by each accused. Section 149-Applicability of-Constructive liability sine qua non-Emphasis on common object and not common intention-Common object, when formed. Section 149 and Section 34-Common object and Common intention-Distinction between-Discussed. Criminal trial-FIR-Delay in sending FIR to Magistrale-No universal rule that in all such cases, prosecution version becomes unreliable-Where on " facts, no question was put to Investigating Officer as to the reason for the alleged delay in sending the FIR and investigation was taken up immediately, held, no adverse inference could be drawn. Words and Phrases-"Object"-Meaning of According to the prosecution, deceased, nephew of the informant, was surrounded by eight accused persons. One of the accused, namely 'R' several blows on the abdomen of the deceased with knife while the other seven, i.e. the appellants assaulted him with hockey sticks, iron rods and pipes. Thereafter the accused fled away in a red jeep in which they had come together. Sessions Judge convicted 'R' under Section 302 IPC and the other seven accused under Section 302 r/w Section 149 IPC. High Court upheld the conviction. R did not prefer any further appeal, while the rest of the accused filed the present appeals. In appeals to this Court, the pivotal question raised related to applicability of Section 149 IPC, with the appellants pleading that there is no evidence that any common object was pursued by them; that even if it is conceded as claimed by the prosecution that they came in the same jeep and were armed with various weapons that does not per se establish that they shared a common object, and that the prosecution has failed to prove that in pursuance of such common object 'R' who allegedly gave the fatal knife blows ' carried out the objective of the alleged unlawful assembly; and that the High Court did not properly consider various pleas which were raised before it. |
Judge | Hon'ble Dr. Justice Arijit Pasayat |
Neutral Citation | 2005 INSC 43 |
Petitioner | Sunil Kumar And Anr. |
Respondent | State Of Rajasthan |
SCR | [2005] 1 S.C.R. 612 |
Judgement Date | 2005-01-19 |
Case Number | 123 |
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